header-logo header-logo

08 January 2016 / Peter Vaines
Issue: 7681 / Categories: Features , Tax , Commercial
printer mail-detail

Taxing matters

nlj_7681_vaines
Peter Vaines discusses a rare taxpayer victory over residence

The case of James Glyn is of considerable importance because it is virtually the only case in living memory where the taxpayer has won a case on residence—leaving aside the admirable efforts of Mr Grace before the Special Commissioners, which went down in flames on appeal.

Residence cases are notoriously fact dependent and only occasionally do any new principles (or refinements of existing principles) arise.

So it was with Glyn. In very broad terms, Glyn left the UK in 2005 to take up residence in Monaco and the First Tier Tribunal had to decide whether he had made a distinct break. The tribunal reviewed all the facts and conducted the necessary multi factorial evaluation, concluding that he had indeed made a distinct break by substantially loosening his social and family ties.

A great result for Glyn but unfortunately, the Upper Tribunal did not see matters quite the same way (HMRC v James Glyn [2015] UKUT 0551, [2015] All ER (D) 125 (Oct)).

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll